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2024 Supreme(Cal) 518

SUBHENDU SAMANTA
Mahima Management Services Pvt. Ltd. – Appellant
Versus
Creative Property Developers Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Ms. Aiswariya Gupta, Ms. Priyanka Saha.
For the Opposite Party : Mr. Agnibesh Sengupta, Mr. Tirthankar Dey, Ms. Atasi Sarkar.
For the State : Mr. Narayan Prasad Agarwala, Mr. Pratick Bose.

JUDGMENT :

Subhendu Samanta, J.

1. All the 04 Revisional Applications involved similar facts and issues thus, they are taken up together for brevity of discussions.

2. This is an application u/s 397/401 read with Section 482 of the Code of Criminal Procedure 1973 against an order dated 22.06.2018 passed by the Learned Metropolitan Magistrate, 20th Court Calcutta in complaint case Nos. CS-24873/2015, CS-24865/2015, CS-24869/2015, CS-24871/2015 u/s 138 read with Section 141 of Negotiable Instrument Act thereby rejecting the petitioner’s application u/s 311 Cr.P.C.

3. The brief fact of the case is that the petitioner has preferred a complaint case against the present opposite parties alleging thereby for commission of an offence punishable u/s 138 read with Section 141 of NI Act.

4. In a nutshell brief fact of the complaint is that, the opposite parties herein had approached to the petitioner for a loan. The petitioner had provided that loan, subsequently the Opposite parties issued cheques in order to pay the loan along with interest thereon, but, when the petitioner tried to encash the cheques issued by the Ops the cheques were dishonoured because of “insufficient funds” in the account o

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